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Does SOL really suspend/extend if JDB/CA can't find you?


iwant2getthem
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Hi everyone...let me start off by thanking everyone for their help. I have had some success working on things thansk to the advice I have gotten from here. I had another post on here about receiving letters from Assett offering deals on some very very old debts. here is the link (I think):

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=38782&sid=abd45ab5dcbaac3057fcf66eba10012b

Anyways, I am not 100% certain of when the SOL is but I know the debts go way back to about 1995 or 1996. The SOL in MI is 6 years. I haven't heard from them in years. The items do not appear on my CR from either them or the OC (at least as of 2 months agao). I was not sure if I should just ignore them or tell them to go F&%K Off. I do not want to open up a can of worms. Almost everyone told me to send them a letter telling them to C&D. I put together my C&D letter below. I would appreciate any comments.

My issue is I have been reading many threads on this forum to become better educated to work on my credit. I am a little confused. I have been reading all over the boards for information. I have read seversal posts that say the SOL stops running if the debt collector cannot find you and restarts when they do. Otherwise, someone could just move to a jurisdiction with a shorter SOL and avoid their debts as time barred. That makes sense because if that is the case I guess we could all move then say have a good day. I am very confiused and really need good advice.

I am not sure when my debts actually expired past the sol but am relatively certain they went into default at least 8 or 9 years ago well past the SOL of MI which is 6 years. The OC do not even appear on my credit reports at all as of a few months ago and I did not dispute any of them so are at least past the reporting date of 7 years. I dont want to open up a can of worms.

Should I still send a c&d? I am trying to get my life back together credit wise as it has been ruined for a very long time. Txs everyone for your help.

p.s. Here is my C&D letter if I should send it. Any comments would be greatly appreciated:)

Dear Sir or Madam:

I received your letter dated of 11/14/2005. I dispute this debt and deny owing your client. I request that you CEASE and DESIST in your efforts to collect on the above referenced account. This is neither an admission nor denial of owing this debt. I dispute the validity of the debt if it were mine. Furthermore, if it were mine it is time-barred by statute and to cease and desist any further communication and collection activity. This is strictly informing you of the status.

Be advised it is illegal for your company, designees, or assignees to post anything regarding this to my credit reports because it is expired past the 7 year reporting period for reporting purposes. Any reporting of the alleged debt on my credit reports is in deliberate violation of the law and may result in legal action for damages against Assett Acceptance LLC as well as the responsible party(s). Be advised it is illegal for Assett Acceptance LLC to sell, transfer, or assign the account to any other parties as Assett Acceptance LLC would be willfully misrepresenting the legal status of the alleged debt in violation of the FDCPA.

Failure to cease collection efforts immediately could result in legal sanctions under applicable Federal and State law.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.

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The letter is okay, however there are no legal sanctions for one junk buyer to sell or transfer the paper to another. It is common practice to do that very thing. They cannot re-age as if it were a new debt. You may need to send the C&D again in the future if you are contacted by another party for the same debt, or you can just ignore it.

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The letter is okay, however there are no legal sanctions for one junk buyer to sell or transfer the paper to another. It is common practice to do that very thing. They cannot re-age as if it were a new debt. You may need to send the C&D again in the future if you are contacted by another party for the same debt, or you can just ignore it.

There might not be any laws against the sale, but if they do not inform them that the account is in dispute and this new company dings your credit report, well then, you have cause for civil action against both companies.

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txs for the response...should I actually send the letter or just ignore them? Does the SOL really suspend if they cannot find you? Also, why not just move to a state with a shorter SOL then and dispute everything as time barred or what would happen if you move to state with a longer SOL? Does anyone know? Txs again everyone.

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So if I have not moved, the clock continues to run? Even if they claim they couldn't find me? Should I just ignore them and not send anything? I am worried about them trying to get a lawsuit going against me. I just fought a default and won and then got a dismissal with prejudice. All of the sudden, I am getting letters from JDB about debts from 1994 and 1995 offering discounts and whatever when the SOL in MI is 6 years. I am worried I may wake the wasps if I even respond but am worried they will try to do the old account stated garbage. What do you think? Txs again.

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Let's try to keep this to one thread. It gets confusing. From this thread:

I haven't been hiding though but I have moved several times over the last 10 years. My CR had my mailing address on it. I never received anything from the jdb. Should I just ignore their letters then or take the offensive? I have lived at the same address for 4 years and my drivers license would verify that.

I would just send the C&D from the other thread. If they sue you in front of that dumb judge, follow the advice from there. You can also see if you can't get the case moved to federal court because of the FDACPA and FCRA issues. BTW- Did you file the complaint aganst the other judge? I would.

From the other thread:

txs dive...what about what I read about the clock stopping or suspending on SOL if they cannot find you? It makes sense I guess because the reasoning was that if they were not the case, we could all move to a state with shorter SOL then claim it is time barred. Is that true?

It can be true, but they will have to prove that they could not find you by using "due dilligence". If you can show that you were not hiding, that is if all your addresses were out there, you will be OK. A CR with all your addresses would do the trick- as in "Your honor, they would have found me if they had simply pulled my CR."

In Florida, the law tolling the SOL reads like this:

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.

(B) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued.

© Concealment in the state of the person to be sued so that process cannot be served on him or her.

blah blah blah

Paragraphs (a)-© shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within 30 days of the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108©.

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txs for the response. I am sorry about mixing posts up. I am very apprehensive about dealing with these credit issues. I was excited to see when I pulled my credit report not too long ago some of those debts not on my credit reports. I went to court to fight the default and won because of what I learned here. Now all of the sudden, I am getting lots of mail for debts that were 8-9 years ago. Mostly Assett and Sherman offering deals on their now super inflated balances. I would love to send a c&d but dont want to hit the hornets nest. Then when I read the few posts about SOL tolling I wasnt sure if that was true. With my luck I would c&d them and they sue me or I dont c&d and they sue as account stated.

Either way, so much has been made about SOL and each states regulations. Now I read about tolling and it is not so cut and dry. Txs for the help.

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